Antenor

On February 12, 1979, at approximately 6:20 p.m., pedestrians/plaintiffs Erlinda Mercado Antenor and her husband, Abraham Reyes Antenor, (plaintiffs) were struck in an unmarked crosswalk by a westbound 1979 Buick, as they were crossing Third Street, south to north, on the westerly side of the Grammercy Place intersection.

On November 30, 1979, plaintiffs filed a personal injury damage suit against the City of Los Angeles (the City) alleging that the City was maintaining a dangerous condition of public property.

At the conclusion of the evidence, the trial court granted the City’s motion for a directed verdict. Plaintiffs have appealed.

Appellant’s Contention

Plaintiffs/appellants contend that the lack of pedestrian and/or traffic control, inadequate lighting, high traffic volume and the “geometries” of Third Street at the intersection combined to create a “dangerous condition.” It is further their contention that the existence of a “dangerous condition” is a factual question for the jury and not one to be determined by the court on a motion for a nonsuit.

Discussion

Preliminarily, it is necessary to detail the physical characteristics of the intersection in question…